Pgp1 Labreport Secd Abhaynegi

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PGP 1 Legal Aspects of Business

"Public interest Litigation" or PIL Prof. Lalitha Sreenath

Presented By Abhay Negi 07/07/2008

Introduction 



 

"Public interest Litigation" or PIL, means litigation for the protection of "Public Interest" [1] Earlier, only aggrieved parties could approach the court of law Poorer section of society ignored Allows activists, NGOs to petition on behalf of the poor

History [2]     

Started in 19th century in USA Gained financial support and momentum in 1960s PIL term coined in 1980 PIL begun in India in 1970s and was in full bloom in 1980s Liberal interpretation of the fundamental rights gave the movement a radical direction.

Issues Covered [2]       

Violation of fundamental rights Compel municipal authorities to perform a public duty Environmental pollution Violation of religious rights Lack of basic amenities Reform of illegal social customs Indecent television programmes

Filing a PIL [2]  

 

Sending relevant facts and documents to the chief justice. Filing the PIL directly in the court through the Free Legal Service Committee Filing the case directly with the help of any PIL lawyer Filing the case through NGOs or PIL firms

Successful PILs [3] 

Parmanand Katara V. Union of India: Obligation of every member of medical profession to give medical aid to every injured citizen.



M.C Mehta V. Union of India: Prevention of further pollution of Ganga water.

Environment Protection through PIL [3] 

M.C. Mehta vs. Union of India: Air pollution in Delhi



Vellore Citizens' Welfare Forum vs. Union of India: Tanneries discharging toxic chemicals in the river Palar.



Indian Council for Enviro-Legal Action vs. Union of India: Cautioned industries discharging Oleum and H-acid.

PIL Abuse [4] 

Posing privately motivated interests as public interests



Guidelines needed for PIL



Frivolous complaints should be dealt harshly

Conclusion 

PIL has been able to provide social justice to the weaker sections.



Useful weapon against social exploitation and for environmental protection

References 1. http://www.helplinelaw.com/docs/main.php3?id=PILI1 2. http://59.92.116.99/eldoc1/b40b/01dec07lnv1.pdf 3. http://www.legalserviceindia.com/articles/pil.htm 4. http://www.legalserviceindia.com/articles/peiln.htm

Thank You

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